Full question:
My son turned 18 in Feb.of this year, he quit school at 17, and has no intensions of returning. He now has a job making over 400.00 per week, but still lives at home. Can I start court proceedings to have him emancipated, so that my child support payments will end, and if so what do I have to do to accomplish this? I live in Nassau County and my ex wife lives in Suffolk County where the divorce was granted.
- Category: Minors
- Subcategory: Emancipation of Minor
- Date:
- State: New York
Answer:
The age of majority in New York is 18, meaning individuals who are 18 are treated as adults in most respects. A minor must be able to support themselves to be considered emancipated. Simply moving out does not qualify as emancipation. New York does not have a specific emancipation statute; instead, emancipation is determined by the court based on individual circumstances.
In New York, emancipation can occur if a minor is married, in the armed services, financially independent, or if a parent has failed to meet their support obligations. If a minor can demonstrate independence, a petition for emancipation may be filed in the surrogate's court of their county of residence.
When a divorce decree is issued, the court retains jurisdiction to modify its orders. Child support can be modified if there is a significant change in circumstances. The court's decision will be based on the best interests of the child. While you may petition for a modification of child support, the child typically must be able to live independently, rather than living at home.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.